The U. P. ABOLITION OF ZARE CHAHARUM ACT, 1951

80 
THE U. P. ABOLITION OF ZARE CHAHARUM ACT, 19511 
 
(U. P.  Act  no. XXX of 1951) 
 
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on 
Sep. 6, 1951, and by the Uttar Pradesh Legislative Council on September 
11, 1951. 
Received the assent of the President on Nov. 7, 1951, under 
Article 201 of the Constitution of India and was published in Gaz. Extra. 
November 24, 1951.] 
AN 
ACT 
for abolition of the custom of Zare Chaharum 
Whereas it   is expedient to provide for the abolition of the custom of 
Zare Chaharum ; 
It is hereby enacted as follows : 
Short title 
extent and 
commencement 
1. (1) This Act may be called the U.P. Abolition of  Zare 
Chaharum Act, 1951. 
(2) It extends to the whole of Uttar Pradesh. 
(3) It shall come into force at once.  
Definition 2. In this Act, unless there is anything repugnant in the subject  or context— 
(a) “Zare Chaharum” means the right by whatever name know and whether based on custom or contract, of the landlord to receive a share or portion of the purchase price upon the sale of a house or building. 
Explanation I—“Sale” includes foreclosure of sale in execution of a decree. Explanation II—“Landlord” means the zamindar or proprietor of the land occupied by house or other building. (b) Rent includes Ghardwari and Parjoti.  
Abolition of the custom of Zare Chaharum 
3. It is hereby declared that notwithstanding anything in any 
Wazib-ul-arz, agreement, judgement, decree or order of a court, or any 
other document , the custom of Zare Chaharum shall be and is hereby  
abolished with effect from the 25th day of August, 1951. Right to Zare Chaharum to be void 
4. Notwithstanding anything contained in any  custom,  
agreement or other document, no person shall, in respect of any 
sale made on or after the 25th day of August, 1951, be entitled to realise  on  account of  Zare Chaharum, whether from  the seller or  
—————————————————————————————————————————— 
1. For S. O. R., see Gaz. Extra, d. Aug 27, 1951 ; for discussion, see L. A. Pro., d. Aug. 29, 1951, in  
Vol. XCVI, P. 181, d. sep. 6, 1951, in Vol. XCVII. pp. 237–240, d. March 7, 1952, in Vol. C., p. 22 and L.C. 
ro., d. Sep. 11, 1951, in Vol. XXIII, 278-279, d. march 7, 1952 in Vol. XXIV, p.  292. 
[The U.P. Abolition of Zare Chaharum Act, 1951] 
82 
the purchaser, any share or portion of the purchase price of any 
house or building on land of which he is the landlord and any 
agreement for the payment of any such share or portion shall to that 
extent but no more be void with effect from the day aforesaid. 
Agreement, 
etc. to remain 
in force in 
respect of 
other matters 
5. Where by reason of section 4 any promise for the payment 
of any amount by way of Zare Chaharum has become void, the 
document containing the agreement shall, except to the extent  
aforesaid not thereby become void, any law to the Contrary 
notwithstanding. 
 Suits in respect of liability incurred after August, 25, 1951, to abate. 
6. Notwithstanding anything contained in any law for the time 
being in force all suits, application or proceedings for the recovery of 
any amount on account of Zara Chaharum in respect  of  a sale  made  
on  or   after 25th day of August, 1951, shall abate and be dismissed 
but the cost shall be in the discretion of the court.  
 Right to enhance rent by suit  
7. (1) Notwithstanding anything contained in any contract or 
custom, it shall be lawful for landlord of any land in relation to which 
a right of  Zare Chaharum existed  on  the 24th day of August, 1951, 
to enhance by suit the rent payable therefore on the day aforesaid: 
 Provided firstly, that the enhancement is not more than 33  
1/3 percentum of such rent : 
Provided secondly, that no enhancement shall be allowed if 
the landlord is proved to have at any time realized any amount on 
account of Zare Chaharum in respect of any house or a building 
standing on the land : 
(2) Where rent payable for any land has been enhanced 
under sub-section (1) it shall not be enhanced a second time until the 
period of thirty-three years has expired from the date on which the 
enhancement takes effect.  
 Order 2, Rule 2, C.P.C, not a bar to enhancement of rent under section 7. 
8. Nothing in Order, 2, Rule 2 of the Code of Civil Procedure, 
1908, shall be deemed to preclude the landlord from bringing a suit 
for enhancement of rent under sub-section (1) of section 7 by reason 
merely of the institution of the suit referred to in section 6. 
 Penalty 9. Whoever shall receive any amount on account of Zare 
Chaharum in respect of a sale made on or after the 25th day of 
August, 1951, shall be  punishable  with  fine  which  may extend to 
twice  the amount so levied or received and out of the fine realized in 
the court may direct that such portion not exceeding the amount paid 
by the seller or purchaser shall be refunded to the seller or, the 
purchaser as the case may be. 
 
 

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